Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-08-027.

     Title of Rule: Adoption of chapter 51-51 WAC (adoption and amendment of the 2003 Edition of the International Residential Code).

     Purpose: To consider whether to adopt, or adopt and amend, the 2003 Edition of the International Residential Code.

     Statutory Authority for Adoption: RCW 19.27.031 and 19.27.074.

     Statute Being Implemented: Chapters 19.27 and 34.05 RCW.

     Summary: The proposed rule adopts the 2003 Edition of the International Residential Code (IRC), published by the International Codes Council (ICC). Existing state amendments are being carried forward into the new code to assure continued provision of safety and flexibility greater than the published version.

     Reasons Supporting Proposal: RCW 19.27.031 and 19.27.074.

     Name of Agency Personnel Responsible for Drafting and Implementation: Al Rhoades, Olympia, Washington 98504-8350, (360) 725-2970; and Enforcement: Local jurisdictions.

     Name of Proponent: Washington State Building Code Council, governmental.

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The council is seeking comments on the issues proposed in the rules shown below.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule will adopt by reference the 2003 Edition of the IRC. The IRC contains requirements for residential construction in a single code volume for the benefit of those dealing primarily with residential building projects. The rule also carries forward existing state amendments into the IRC to assure continued provision of safety and flexibility greater than the published version.

     The proposed rule will keep the Washington state building codes current with industry and national standards. Existing state amendments are carried over into the IRC to provide for specific application of the new code in Washington state.

     Proposal Changes the Following Existing Rules: The 1997 Edition of the Uniform Building Code (UBC), published by the International Council of Building Officials (ICBO), is being updated by adopting the 2003 Editions of the International Building Code (IBC) and IRC. The IBC and IRC are companion documents, the IRC containing the requirements for residential construction in a separate volume for the benefit of those dealing primarily with residential building projects. Chapter 51-51 WAC has been designated for the IRC.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule will update the adoption of model codes to stay current with national standards for the benefit of industry and Washington state interests. No economic impact on small business was identified.

     RCW 34.05.328 does not apply to this rule adoption. The State Building Code Council is not listed in this section as one of the agencies required to comply with this regulation.

     Hearing Location: Spokane City Council Chambers, West 808 Spokane Falls Boulevard, Spokane, WA, on October 10, 2003, at 10:00 a.m.; and at the Holiday Inn Select/Renton, One Grady Way South, Renton, WA, on October 17, 2003, at 10:00 a.m.

     Assistance for Persons with Disabilities: Contact

Sue Mathers by September 26, 2003, TDD (360) 753-7427 or (360) 725-2967.

     Submit Written Comments to: Stan Price, Chairman, State Building Code Council, P.O. Box 48350, Olympia, WA 98504-8350, fax (360) 586-9383, e-mail sbcc@cted.wa.gov, by October 17, 2003.

     Date of Intended Adoption: November 21, 2003.

August 7, 2003

Tim Nogler

for Stan Price

Chairman

OTS-6589.2

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     The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits. "Temporary growing structure" means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention. A temporary growing structure is not considered a building for purposes of this code.

     The provisions of this code do not apply to the construction, alteration, or repair of temporary worker housing except as provided by rule adopted under chapter 70.114A RCW or chapter 37, Laws of 1998 (SB 6168). "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy, and includes "labor camps" under RCW 70.54.110.

     The following referenced codes published by the International Code Council are not adopted as part of the State Building Code: ICC Electrical Code, International Plumbing Code, International Energy Conservation Code, International Private Sewage Disposal Code, International Property Maintenance Code, International Existing Building Code, and International Urban-Wildland Interface Code. When referenced, as appropriate, these references shall mean the National Electric Code (as adopted and amended by the state of Washington), the Uniform Plumbing Code (as adopted and amended by the state of Washington), the Washington State Energy Code, or other locally adopted code if applicable.

     The standards for liquefied petroleum gas installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Code). All other fuel gas installations shall be regulated by the International Mechanical Code and International Fuel Gas Code.

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R101.2 Scope. The provisions of the International Residential Code for One- and Two-Family Dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings (townhouses) not more than three stories in height with a separate means of egress and their accessory structures, including adult family homes, foster family care homes and family day care homes licensed by the Washington state department of social and health services.

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R102.7.2 Moved buildings. Buildings or structures moved into or within a jurisdiction shall comply with the provisions of this code, the International Building Code (chapter 51-50 WAC), the International Mechanical Code (chapter 51-52 WAC), the International Fire Code (chapter 51-54 WAC), the Uniform Plumbing Code and Standards (chapters 51-56 and 51-57 WAC), the Washington State Energy Code (chapter 51-11 WAC) and the Washington State Ventilation and Indoor Air Quality Code (chapter 51-13 WAC) for new buildings or structures.

EXCEPTION:	Group R-3 buildings or structures are not required to comply if:
	1. The original occupancy classification is not changed; and
	2. The original building is not substantially remodeled or rehabilitated.

     For the purposes of this section a building shall be considered to be substantially remodeled when the costs of remodeling exceed 60 percent of the value of the building exclusive of the costs relating to preparation, construction, demolition or renovation of foundations.

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ADULT FAMILY HOME means a dwelling in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services.

CHILD DAY CARE, shall, for the purposes of these regulations, mean the care of children during any period of a 24 hour day.

CHILD DAY CARE HOME, FAMILY is a child day care facility, licensed by the state, located in the dwelling of the person or persons under whose direct care and supervision the child is placed, for the care of twelve or fewer children, including children who reside at the home.

UNUSUALLY TIGHT CONSTRUCTION. Construction meeting the following requirements:

     1. Walls exposed to the outside atmosphere having a continuous water vapor retarder with a rating of 1 perm (57 ng/s·m˛·Pa) or less with openings gasketed or sealed;

     2. Openable windows and doors meeting the air leakage requirements of the International Energy Conservation Code, Section 502.1.4; and

     3. Caulking or sealants are applied to areas such as joints around window and door frames, between sole plates and floors, between wall-ceiling joints, between wall panels, at penetrations for plumbing, electrical and gas lines, and at other openings; or

     4. Buildings built in compliance with the 1986 or later editions of the Washington State Energy Code chapter 51-11 WAC, Northwest Energy Code, or Super Good Cents weatherization standards or equivalent.

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R303.8.1 Definitions. For the purposes of this section only, the following definitions apply.

DESIGNATED AREAS are those areas designated by a county to be an urban growth area in chapter 36.70A RCW and those areas designated by the U.S. Environmental Protection Agency as being in nonattainment for particulate matter.

SUBSTANTIALLY REMODELED means any alteration or restoration of a building exceeding 60 percent of the appraised value of such building within a 12 month period. For the purpose of this section, the appraised value is the estimated cost to replace the building and structure in kind, based on current replacement costs.

R303.8.2 Primary Heating Source. Primary heating sources in all new and substantially remodeled buildings in designated areas shall not be dependent upon wood stoves.

R303.8.3 Solid Fuel Burning Devices. No used solid fuel burning device shall be installed in new or existing buildings unless such device is United States Environmental Protection Agency certified or a pellet stove either certified or exempt from certification by the United States Environmental Protection Agency.

EXCEPTION:

Antique wood cook stoves and heaters manufactured prior to 1940.

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R311.1 General. Stairways, ramps, exterior exit balconies, hallways and doors shall comply with this section.

EXCEPTION:

Stairs or ladders within an individual dwelling unit used to gain access to areas of 200 square feet (18.6 m2) or less, and not containing the primary bathroom or kitchen.

R311.6.3.3 Continuity. Handrails where required on ramps shall be continuous for the full length of the ramp. Handrail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails adjacent to a wall shall have a space of not less than 1.5 inches (38 mm) between the wall and the handrails. At least one handrail shall extend in the direction of ramp run not less than 12 inches (305 mm) horizontally beyond the top and bottom of the ramp runs.

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R313.3 Family child day care homes. In family child day care homes operable smoke alarms shall be located in all sleeping and napping areas. When the family child day care home has more than one story, and in family child day care homes with basements, an operable smoke alarm shall be installed on each story and in the basement. In family child day care homes where a story or basement is split into two or more levels, the smoke alarm shall be installed in the upper level, except that when the lower level contains a sleeping or napping area, an operable smoke alarm shall be located on each level. When sleeping rooms are on an upper level, the smoke alarm shall be placed at the ceiling of the upper level in close proximity to the stairway. In family child day care homes where the ceiling height of a room open to the hallway serving the bedrooms exceeds that of the hallway by 24 inches or more, smoke alarms shall be installed in the hallway and the adjacent room. Smoke alarms shall sound an alarm audible in all areas of the building.

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R324.1 General. This section shall apply to all newly constructed adult family homes and all existing single family homes being converted to adult family homes. This section shall not apply to those adult family homes licensed by the state of Washington department of social and health services prior to July 1, 2001.

R324.2 Submittal Standards. In addition to those requirements in Section 106.1, the submittal shall identify the project as a Group R-3 Adult Family Home Occupancy. A floor plan shall be submitted identifying the means of egress and the components in the means of egress such as stairs, ramps, platform lifts and elevators. The plans shall indicate the rooms used for clients and the sleeping room classification of each room.

R324.3 Sleeping Room Classification. Each sleeping room in an adult family home shall be classified as:

     1. Type S - where the means of egress contains stairs, elevators or platform lifts.

     2. Type NS1 - where one means of egress is at grade level or a ramp constructed in accordance with R311.6 is provided.

     3. Type NS2 - where two means of egress are at grade level or ramps constructed in accordance with R311.6 are provided.

R324.4 Types of Locking Devices. All bedroom and bathroom doors shall be openable from the outside when locked.

     Every closet shall be readily openable from the inside.

R324.5 Smoke Alarm Requirements. All adult family homes shall be equipped with smoke alarms installed as required in Section R313. Alarms shall be installed in such a manner so that the fire warning may be audible in all parts of the dwelling upon activation of a single device.

R324.6 Escape Windows and Doors. Every sleeping room shall be provided with emergency escape and rescue windows as required by Section R310.

R324.7 Fire Apparatus Access Roads and Water Supply for Fire Protection. Adult family homes shall be served by fire apparatus access roads and water supplies meeting the requirements of the local jurisdiction.

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     Basements located more than 4 feet below grade level shall not be used for family child day care homes unless one of following conditions exist:

     1. Stairways from the basement open directly to the exterior of the building without entering the first floor; or

     2. One of the two required means of egress discharges directly to the exterior from the basement level, and a self closing door is installed at the top or bottom of the interior stair leading to the floor above; or

     3. One of the two required means of egress is an operable window or door, approved for emergency escape or rescue, that opens directly to a public street, public alley, yard or exit court; or

     4. A residential sprinkler system is provided throughout the entire building in accordance with National Fire Protection Association Standard 13d.

     Floors located more than 4 feet above grade level shall not be occupied by children in family day care homes.

EXCEPTIONS:	1. Use of toilet facilities while under supervision of an adult staff person.
	2. Family child day care homes may be allowed on the second story if one of the following conditions exists:
	2.1 Stairways from the second story open directly to the exterior of the building without entering the first floor; or
	2.2 One of the two required means of egress discharges directly to the exterior from the second story level, and a self-closing door is installed at the top or bottom of the interior stair leading to the floor below; or
	2.3 A residential sprinkler system is provided throughout the entire building in accordance with National Fire Protection Association Standard 13d.

     Every sleeping or napping room in a family child day care home shall have at least one operable window for emergency rescue.

EXCEPTION:

Sleeping or napping rooms having doors leading to two separate means of egress, or a door leading directly to the exterior of the building.

     Rooms or spaces containing a commercial-type cooking kitchen, boiler, maintenance shop, janitor closet, laundry, woodworking shop, flammable or combustible storage, or painting operation shall be separated from the family child day care area by at least one-hour fire-resistive construction.

EXCEPTION:

A fire-resistive separation shall not be required where the food preparation kitchen contains only a domestic cooking range, and the preparation of food does not result in the production of smoke or grease laden vapors.

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R1004.1.1 Emission Standards for Factory-built Fireplaces. After January 1, 1997, no new or used factory-built fireplace shall be installed in Washington state unless it is certified and labeled in accordance with procedures and criteria specified in the Washington State Building Code Standard 31-2.

     To certify an entire fireplace model line, the internal assembly shall be tested to determine its particulate matter emission performance. Retesting and recertifying is required if the design and construction specifications of the fireplace model line internal assembly change. Testing for certification shall be performed by a Washington state department of ecology (DOE) approved and U.S. Environmental Protection Agency (EPA) accredited laboratory.

R1004.1.2 Emission Standards for Certified Masonry and Concrete Fireplaces. After January 1, 1997, new certified masonry or concrete fireplaces installed in Washington state shall be tested and labeled in accordance with procedures and criteria specified in the Washington State Building Code Standard 31-2.

     To certify an entire fireplace model line, the internal assembly shall be tested to determine its particulate matter emission performance. Retesting and recertifying is required if the design and construction specifications of the fireplace model line internal assembly change. Testing for certification shall be performed by a Washington state department of ecology (DOE) approved and U.S. Environmental Protection Agency (EPA) accredited laboratory.

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SECTION M2001 -- BOILERS, is not adopted.

SECTION M2002 -- OPERATING AND SAFETY CONTROLS, is not adopted.

SECTION M2003 -- EXPANSION TANKS, is not adopted.

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G2401.1 (101.2) Application. This chapter covers those fuel-gas piping systems, fuel-gas utilization equipment and related accessories, venting systems and combustion air configurations most commonly encountered in the construction of one- and two-family dwellings and structures regulated by this code.

EXCEPTIONS:	1. As an alternative to the provisions of this code, fuel-gas piping systems, fuel-gas utilization equipment and related accessories in existing buildings that are undergoing repairs, alterations, changes in occupancy or construction of additions shall be permitted to comply with the provisions of the International Existing Building Code.
	2. The standards for liquefied petroleum gas installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code).

     Coverage of piping systems shall extend from the point of delivery to the outlet of the equipment shutoff valves (see "Point of delivery"). Piping systems requirements shall include design, materials, components, fabrication, assembly, installation, testing, inspection, operation and maintenance. Requirements for gas utilization equipment and related accessories shall include installation, combustion and ventilation air and venting and connections to piping systems.

     The omission from this chapter of any material or method of installation provided for in the International Fuel Gas Code shall not be construed as prohibiting the use of such material or method of installation. Fuel-gas piping systems, fuel-gas utilization equipment and related accessories, venting systems and combustion air configurations not specifically covered in these chapters shall comply with the applicable provisions of the International Fuel Gas Code.

     Gaseous hydrogen systems shall be regulated by Chapter 7 of the International Fuel Gas Code.

     This chapter shall not apply to the following:

     1. Liquified natural gas (LNG) installations.

     2. Temporary LP-gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.

     3. Except as provided in Section G2412.1.1, gas piping, meters, gas pressure regulators, and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-gas.

     4. Portable LP-gas equipment of all types that is not connected to a fixed fuel piping system.

     5. Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.

     6. Installation of hydrogen gas, LP-gas and compressed natural gas (CNG) systems on vehicles.

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G2415.4 (404.4) Piping through foundation wall. Underground piping, where installed below grade through the outer foundation or basement wall of a building, shall be encased in a protective pipe sleeve. The annular space between the gas piping and the sleeve shall be sealed.

     Existing walls shall be core drilled and sealed with an approved mechanical seal.

G2415.8 (404.8) Protection against corrosion. Metallic pipe or tubing exposed to corrosive action, such as soil condition or moisture, shall be protected in an approved manner, and cathodically protected in accordance with NACE RP-01-69. Zinc coatings (galvanizing) shall not be deemed adequate protection for gas piping underground. Ferrous metal exposed in exterior locations shall be protected from corrosion in a manner satisfactory to the code official. Where dissimilar metals are joined underground, an insulation coupling or fitting shall be used. Piping shall not be laid in contact with cinders.

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P2802.1 Protection of potable water. Piping and components connected to a water heater for space heating applications shall be suitable for use with potable water in accordance with Chapter 29. Water heaters that will be used to supply potable water shall not be connected to a heating system or components previously used with nonpotable water heating appliances. Chemicals for boiler treatment shall not be introduced into the water heater.

     Water heaters used for space heating only are prohibited.

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